GOVIND SINGH Vs. BALINDRA SINGH

JUDGEMENT

(1.) Heard the learned senior counsel, Mr. Surendra Kumar Singh on behalf of the appellant and the learned counsel, Mr. Ajay Kumar, on behalf of the respondent under Order 41, Rule 11 of the Code of Civil Procedure. The defendants-respondents appellants have filed this second appeal against the Judgment and Decree dated 31st March, 2007 passed by learned Addl. District Judge, Fast Track Court No. V, Aurangabad in title appeal Nos. 4 of 2006/12 of 2006 whereby the lower appellate Court reversed the Judgment and Decree of the trial Court and set aside the same dated 30.12.2005 passed by the learned Subordinate Judge-IIIrd, Aurangabad in title suit Nos. 46 of 2002/2 of 2005.

(2.) The plaintiffs-respondents filed the aforesaid title suit praying for declaration that the suit land mentioned in Schedule-1 serial Nos. IV, V and VI is owned and possessed by the plaintiffs and the lands mentioned in Schedule-I serial Nos. I to III is owned and possessed by the plaintiff and defendant No. 3 having 8 anas each. The defendant Nos. 1 and 2 have no interest, title or possession over the suit land. The plaintiffs claimed the aforesaid relief alleging that one Ram Singh had two sons, namely, Doman Singh and Modi Singh. The defendant Nos. 1 and 2 are the grand-sons of Doman Singh being the son of Lakshmi Singh. The plaintiffs and defendant No. 3 represents the branch of Modi Singh. Modi Singh had two sons Alakhdeo Singh and Sunder Singh, the plaintiff are sons of Alakhdeo Singh whereas defendant No. 3 is son of Sundar Singh. The further case of the plaintiff is that the father of the plaintiff Alakhdeo Singh had acquired i.e., Schedule-I serial Nos. I to VI through Hukumnama and through registered sale deed in the name of his mother Jamunia Kuer and he was in possession of the property after the acquisition. At the time of vesting of Jamindari, the return was filed in the name of father of the plaintiff and Jamabandi was opened in his name.

(3.) On the other hand, the case of the contesting defendant Nos. 1 and 2 appellants is that one of the son of Sri Ram Singh died issueless. Doman also died in jointness leaving his minor son Lakshmi Singh. Hence Modi Singh became karta and Manager of the Joint family. Lakshmi Singh also died in jointness leaving behind the defendant Nos. 1 and 2. Modi Singh also died in jointness leaving his widow Jamunia Kuer and his elder son Alakhdeo Singh became the karta and Manager of the joint Hindu Family. All the documents were in possession. All the properties acquired in the name of Modi Singh or Alakh Singh or Jamunia Devi either by Hukumnama settlement or by the sale deeds were joint family property.